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"Some Reflections on Conservative Politics and the Limits of the Criminal Sanction"

By Douglas A. Berman

The title of this post is the title of this interesting piece on SSRN from J. Richard Broughton, which I came across only last night (even though it was posted more than a month ago). Obviously, the piece was written well before yesterday's SCOTUS rulings in Comstock and Graham, but the abstract highlights why the piece is still timely and especially worth reading while the ink is still drying on yesterday's intriguing SCOTUS opinions: This Article, written for the Charleston School of Law?s recent symposium on Crime & Punishment, briefly addresses the significance of popular forces and conservative political thought in an American criminal justice regime that has become too broad in its scope and sometimes unnecessarily harsh in its treatment of certain offenders...continue to full post

Full post as published by Sentencing Law and Policy on May 18, 2010 (boomark / email).